| dc.description.abstract | My proposed study aims to look at the legal mechanisms, such as agreements, for example, the 1904 and 1911 agreements termed as treaties which provided for the Masaai to move into specific reserves in Laikipia and Loita plains far from land open to European settlements. These agreements were to remain in force so long as the Maasai race existed. Secondly Ordinances were introduced through which the British colonisers systematically expropriated Kenyan land, for example, the 1915 Crown Lands Ordinance which defined Crown lands to include land occupied by Africans and all land reserved for use of any tribe.
Furthermore the same laws denied Africans the right to acquire land, whether they occupied it or it was reserved for their own use; and to ensure administrative and economic control of land, colonial government established native reserves into which indigenous people were lived. Large tracts of the most fertile agricultural land was set aside for exclusive occupation of white settlers, eventually rendering the natives landless; particularly, the Masaai as a result of the two treaties. The legality of these treaties formed a bone of contention in 1913 Ole Njogo Case when the Maasai instiMed legal proceedings for breach of the 1904 agreement by the colonial administration. Now a peculiar feature of the Maasai claim is that the agreements were signed under duress, which in itself is a ground for invalidating the treaties.
Nevertheless, whereas the treaties were signed with the British colonial administration, request for return of the land has been directed to both the British govemment and the Kenyan government. Conceptual Approach The conceptualization aims to address some questions such as, how valid are the Maasai treaties at both domestic and international law? If the two treaties are null and void what recourse do the Maasai have? From whom are the Maasai entitled to claim? Recommendation on the Mure of Kenya's land policy taking into account Maasa;'s and other marginalized tribes' Land Restitution Question. Methodology Survey Areas No survey will be carried out during the course of this study.
Method of Study Only Secondary sources of information will be used teo address the issues noted above. | en_US |
